Mammoth Lakes Municipal Code Ch. 2.64 Claims

(a) Authority. This chapter is enacted pursuant to Government Code § 935.

(b) Claims required. All claims against the Town for money or damages not otherwise governed by the Government Claims Act, Government Code § 900 et seq., or another State law shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the Government Code (commencing with Section 900 thereof) for the claims to which that part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this chapter.

(c) Form of claim. All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. In addition, all claims shall contain the information required by Government Code § 910.

(d) Claim prerequisite to suit. In accordance with Government Code § 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon by the Town prior to the filing of any action on such claims and no such action may be maintained by a person who has not complied with the requirements of Subsection (b) of this section.

(e) Suit. Any action brought against the Town upon any claim or demand shall conform to the requirements of Government Code §§ 940 through 949. Any action brought against any employee of the Town shall conform with the requirements of Government Code §§ 950 and 951.

(f) Exhaustion of administrative remedies. Prior to seeking judicial relief with respect to a dispute regarding a tax, fee or other charge imposed by the Town, an aggrieved taxpayer, fee payer or any other person must:

(1) Exhaust any administrative remedies specified by any other provision of this Code or other applicable law;

(2) Pay the full amount owed, including applicable penalties and interest; and

(3) Present a claim for refund as required by any or all of this section; the Government Claims Act, Government Code § 910 et seq.; and other applicable law.

(Code 1990, § 2.72.010; Ord. No. 06-10, § 1, 2006; Ord. No. 10-10, 9-22-2010)